Loft Tenants Claim Landlord Must Make Repairs

July 31, 2002

LVT Number: 15986

Tenants sued landlord, seeking correction of housing violations. Landlord claimed that the building was commercial and it wasn't required to make the repairs tenants sought. Tenants claimed that the building was a de facto multiple dwelling because landlord knew tenants lived there. Landlord asked the court to dismiss the case, claiming that tenants didn't qualify for Loft Law protection. The court ruled against landlord. Landlord would be required to make repairs for commercial tenants if landlord knew of or permitted residential use. A trial was needed to determine the facts.

Tenants sued landlord, seeking correction of housing violations. Landlord claimed that the building was commercial and it wasn't required to make the repairs tenants sought. Tenants claimed that the building was a de facto multiple dwelling because landlord knew tenants lived there. Landlord asked the court to dismiss the case, claiming that tenants didn't qualify for Loft Law protection. The court ruled against landlord. Landlord would be required to make repairs for commercial tenants if landlord knew of or permitted residential use. A trial was needed to determine the facts.

Halme v. Meserole Ave. LLC: NYLJ, 7/10/02, p. 29, col. 4 (Civ. Ct. Kings; Sikowitz, J)

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